ILR short of 2.5 months

[zabadeen]

Hello Guys,

I found this forum very informative and I hope I will find the answer to my problem.

I came to the UK after 3 months of the visa stamped date but I got first extensions which was delayed by home office and as result I am short of 2.5 month now in order to qualify for ILR 5 years period. Please see below date

Visa stamped on 15 april 2009 but received on 8th May 2009 which i can prove as i have a copy of visa forms and email that i sent to visa office in 2009 checking about visa and passport and i got replied on 28th april that my application was being processed.

I came to UK on 7 august 2009
First extension applied in march but got visa from 21st may 2012 and it is going to expire on 19 may 2014.

Two things here , first I came to UK after 3 months but now I m short of 2.5 months in order to qualify for ILR.

Can you please advise if i can apply ILR in may 2014 ? if yes then any link to proof or any lawyer I can contact to.

Your response would really make a difference.

thanks
ZA

[longshift]

Hello Guys,

I found this forum very informative and I hope I will find the answer to my problem.

I came to the UK after 3 months of the visa stamped date but I got first extensions which was delayed by home office and as result I am short of 2.5 month now in order to qualify for ILR 5 years period. Please see below date

Visa stamped on 15 april 2009 but received on 8th May 2009 which i can prove as i have a copy of visa forms and email that i sent to visa office in 2009 checking about visa and passport and i got replied on 28th april that my application was being processed.

I came to UK on 7 august 2009
First extension applied in march but got visa from 21st may 2012 and it is going to expire on 19 may 2014.

Two things here , first I came to UK after 3 months but now I m short of 2.5 months in order to qualify for ILR.

Can you please advise if i can apply ILR in may 2014 ? if yes then any link to proof or any lawyer I can contact to.

Your response would really make a difference.

thanks
ZA

So to sum up you Got your first visa on : 15th April 2009.

Came to UK on : 7th August, 2009.

First extension expiry on : 19th May 2014

Now my interpretation is that your visa start date is 15th april 2009 and since you came to UK on 7th August 2009, the 3 months concession will not apply to you. So the case worker will consider your qualification period from 7th August 2009 to 19th May 2014. You wont get ILR with this dates.

However, you can take a chance and apply by post on the last date of your extension. Since qualification period will be considered till the day they will make the decision on your ILR application. So you might get lucky. You can apply on the last day. Pay by cheque. Delay Bio-meteric submission till the last day. Hopefully, you will be able to delay your ILR decision till 7th August 2014. If that happens you will have full 5 year period.

Unfortunately, you wont get the concession of 3 months as you came late. That is solely for first three months only. Hope this helps.

[zen135]

You would be eligible for ILR 28 days before 7 Aug 2014, which by my calculation is 10 July 2014. If you apply for ILR more than 28 days before completing the qualifying period, your application will be refused as specified in the SET(O) Guidance.

You would need to apply for a further Tier 1 extension to bridge the 50 days (approx.) gap. If your extension application is still pending after 10 July 2014, you can vary the application to ILR which would save you the extra fees. So, my suggestion would be to apply for Tier 1 extension, delay the application processing as long as possible using the methods suggested by 'longshift' above (send it by 2nd Class Recorded to delay further) and hope that they don't decide the application before 10 July 2014 when you can vary it to ILR.

[zwadi]

Thanks

[vinny]

Vary.

[zwadi]

Hello Guys,

Thanks for your reply.

One quick question on the same note ,

Do I need to get extensions for my son as well who was born in the UK and got extension with me last year? Because If I go for extension to cover 2.5 months and then apply for ILR i August , would I still need to get his extension?

Thanks
ZA

[zwadi]

Hello respected members,

I might sound bit funny here but I though i would ask you.

I have emailed home office several times but never got the response regarding shortfall in 5 years continuous period.

I am falling short of nearly 75 days but my arrival to UK was delayed by more than 3 months but after 1st extension i m falling short of 75 days.

Is there anyway i can contact home office as it sounds bit weird that someone who came to UK within 3 months can apply for ILR if there is a shortfall but nothing has been mention about someone who came late but now falling short of less than 90 days.

I wana raise this issue either with home office or some authority as it doesn't make sense.

Can someone please advise ?

Thanks
ZA

[vinny]

Hello Members,

I am falling short of 75 days in order to qualify for ILR on Tier 1 as I came to UK after 3 months of visa stamped date but almost a month covered in my first extension therefore i m short of 75 days now.

my question is if i go to PEO for ILR and if it is rejected due to shortfall then what can i do ? on the same PEO appointment can I apply for extension if CW says my ILR application is not valid ? will he charge me only one fee for extension or ILR + Extension?

The only reason I am thinking to go to PEO is that my passport was given back to me after a month from the visa stamped date when first tier 1 was granted.

Sorry If i didn't explain it properly but really in confused state and needs some help.

Thanks

[zwadi]

Hi Vinny, thanks for your reply but I can't find the link ...

[UKBALoveStory]

Do I need to get extensions for my son as well who was born in the UK and got extension with me last year?

You can skip the extension for your son if you are planning to apply to BC once you are granted ILR and you have no reason to believe that your ILR application will be rejected.

As vinny mentioned you can vary your already submitted application for Tier 1 extension.

2.5 months is not a very long period. if you have no plans to travel out of uk in next 6-8 months, i would suggest you to apply for ILR directly by post and save yourself some money. There are many legal ways (use common sense) to delay your application. if you qualify for ILR on the date of decision you will be granted ILR.

Best of luck.

[zwadi]

Hi Tahir,

Thanks for reply and it really gave me some relieved.

I would like to clarify couple of points here if you don't mind.

First does he (my son) really require ILR or visa extension legally as he was born in the UK but his visa would expire in may 2014 as well?

second: Are you suggesting me to apply for extension and if the decision is not taken by then I can vary the application

or

you are suggesting to go for ILR and pray that by the time HO decides I will cover that period?

What is the best way to go about it? I have been working since last four years as a IT professional and don't want to face
any legal issues.

So I would really appreciate your help and i would also request other member to provide their input.


I don't have any travel plan and would like to save some money.

Thanks

[UKBALoveStory]

Hi Tahir,

Thanks for reply and it really gave me some relieved.

I would like to clarify couple of points here if you don't mind.

First does he (my son) really require ILR or visa extension legally as he was born in the UK but his visa would expire in may 2014 as well?

Do you plan to apply for BC for your son once you are granted with ILR, if yes, then he does not need to apply for ILR/Extension. Technically, he will be over stayer after May 2014 but for BC it does not matter. See this

second: Are you suggesting me to apply for extension and if the decision is not taken by then I can vary the application

or

you are suggesting to go for ILR and pray that by the time HO decides I will cover that period?

You can do both. If i were you I would simply apply for ILR.

What is the best way to go about it? I have been working since last four years as a IT professional and don't want to face
any legal issues.

So I would really appreciate your help and i would also request other member to provide their input.


I don't have any travel plan and would like to save some money.

Thanks

[zwadi]

Dear Tahir,

I am really thankful to you for your help and guide.

I got few more questions before I stop bothering you and other members.

First, If I go for ILR rather than extension and my application gets refused due to 5 years continuous threshold then what option will I get ?Considering that my tier 1 visa has expired by then? where do I stand legally ?

Yes I have a plan to apply for BC for my son and I checked the link that you mentioned and I know you also worked out same situation for your daughter but did you get any sort of solid confirmation from HO about it ? you must be right but i just wana make sure that i don't or he doesn't get trouble in future.

Thanks once again for your help and guide.

Cheers

[UKBALoveStory]

Dear Tahir,

I am really thankful to you for your help and guide.

I got few more questions before I stop bothering you and other members.

First, If I go for ILR rather than extension and my application gets refused due to 5 years continuous threshold then what option will I get ?Considering that my tier 1 visa has expired by then? where do I stand legally ?


Yes I have a plan to apply for BC for my son and I checked the link that you mentioned and I know you also worked out same situation for your daughter but did you get any sort of solid confirmation from HO about it ? you must be right but i just wana make sure that i don't or he doesn't get trouble in future.

Search this forum and you will find many posts where vinny has posted UKBA links

Thanks once again for your help and guide.

Cheers

[zwadi]

Hi Tahir,

Just to clarify that having read this forum and your advise i m thinking to do the following and looking for above answer (in previous thread).

option 1:
Apply for ILR for whole family including my son in May via post rather going for extension.

second:
Get extension for myself and wife and then apply for ILR for both of us and once it is sorted then I can apply for my BC.

thanks

[zwadi]

Hi Tahir,

I will search it and I will appreciate if Vinny can shed some light on it.

I think first question is more important for me now and will appreciate response from senior members like you.

First, If I go for ILR rather than extension and my application gets refused due to 5 years continuous threshold then what option will I get ?Considering that my tier 1 visa has expired by then? where do I stand legally ?

[UKBALoveStory]

option 1:
Apply for ILR for whole family including my son in May via post rather going for extension.

Why you want to apply for ILR for your son?

[zwadi]

I want to be safe that's why, just incase of refusal.

[UKBALoveStory]

I want to be safe that's why, just incase of refusal.

Study this

[zwadi]

Thanks for sharing, it was very helpful:

Is UKBA going to increase tier 1 extensions fees in April 2014?

thanks

[zwadi]

Hi All,

I am thinking to take an extension for myself and wife to be on safe site but my son visa would expire in may which means he will be without visa for at least two months and then I can apply for his BC if we get ILR.

My question is what problem we may face because of his 2 months stay without visa? I know that we can't travel but I would like to know legal issues against us or him.

I know Tahir has mentioned in the past and he kindly cleared some points but I would like to know where would I stand.

Thanks

[zwadi]

Hello All,

I came across following document which was published on 23 Jan 2014.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 22 last 3 paragraphs.

Specially this part of the document:

"The period between entry clearance being issued and the applicant entering the UK may be
counted toward the qualifying period, as long as it does not exceed 90 days. This can occur
if the applicant is delayed travelling to the UK. The period of delay will not be counted as an
absence if it does not exceed 90 days. If the delay is more than 90 days, none of the period
between entry clearance being issued and the applicant entering the UK can be included in
the continuous period calculation."


If I am not wrong , all people who delayed their entry more than 3 months they can count it in continuous period if it falls within 180 days limit???

thanks
ZA

[vinny]

Thanks for sharing, it was very helpful:

Is UKBA going to increase tier 1 extensions fees in April 2014?

thanks

Yes.

[zwadi]

Thanks for quick reply Vinny.

So I can apply for ILR now rather getting extensions to cover two months as my entry to the UK was delayed by 3.5 months ?



thanks

[vinny]

The start date of your qualifying period for ILR is your date of initial entry.

See also options.